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Jeanne O'Halleran Law

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Everything posted by Jeanne O'Halleran Law

  1. O.C.G.A. Section 40-6-203 Defines unlawful stopping as follows: (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall: (1) Stop, stand, or park a vehicle: (A) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; ( On a sidewalk; © Within an intersection; (D) On a crosswalk; (E) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; (F) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (G) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (H) On any railroad tracks; (I) On any controlled-access highway; (J) In the area between roadways of a divided highway, including crossovers; or (K) At any place where official signs prohibit stopping; It's hard to tell from your original post, but I'm assuming that the officer wrote in the "unlawful stop" in the notes section of the ticket. My best guess is that he observed one of the above violations and made a note of it on the ticket. Officers often make such notes as a reminder to themselves in case the matter goes to court later on. It was an additional infraction that could have been cited, but was not.
  2. Baking is what finally gets me in the mood. Every year I bake cookies and cakes to give as gifts. I put on Christmas music and spend most of the weekend in the kitchen. The little man likes to help out too, so it's great time together. We are planning either this weekend or next weekend, and I can't wait! We have so much fun giving out the gifts to friends and family!
  3. They are good people! I would certainly recommend them. Tell Mark I said hi if you see him!
  4. Our cub scout pack is always looking for fundraisers. What did you have in mind?
  5. There is a lot to consider when deciding between a jury trial and a bench trial. First, if you were called forjury duty, sat for hours learning about the process and waiting to be placed on a panel, went through the selection process, to hear a trial about a speeding ticket, would you feel like you're time had been wasted, or would you be happy to see someone taking advantage of their rights to demand a trial? I have seen jurors get very annoyed with people for asking for jury trials on relatively minor traffic tickets, so that can work against you. But, sometimes it's better to take that chance, because some judges will side with the officer every single time. Not to mention, depending on the court it's in, you might be going up against the officer, or going up against an attorney prosecuting the case, which can put you at a severe disadvantage if you're not familiar with court rules. There are risk either way. Best of luck!
  6. There could have been more to the situation, but after investigation, that was the only charge that they could prove.
  7. Calling DFCS would be advisable if there is imminent danger to the child. In the absence of imminent danger, speaking to an attorney would be a good place to start. Your friend is welcome to call and schedule a consultation with us, and we can discuss the feasibility of obtaining custody.
  8. Definitely get out and get support from local organizations! Good luck to you.
  9. Shared on FB. I was hosted by a family as a teen, and it was a wonderful experience. I hope she finds a family that can help. Unfortunately I'm not in the EPHS district anymore.
  10. There have been several helicopters circling the New Hope area for the past 15-20 minutes. They look like law enforcement. Does anyone know what's going on?
  11. Thank you both! I appreciate the vote of confidence!
  12. I do take on some pro bono cases. She is welcome to call me about the situation and I will see what I can do to help her.
  13. These types of cases are very difficult to prove, which is why most offenders either get away with it, or get a great plea deal. I would rather the officers take their time and make absolutely certain they have a solid case, rather than rush to an arrest that will have no real consequences! I think an extra month on the front end of a case like this is better than someone who is free for life, to do as he pleases!
  14. We've been getting non-stop calls about refinancing our mortgage, because of some new FHA programs that are available. Very annoying. It's my understanding that if you do answer the phone, specifically ask to be put on their do-not-call list. If you specifically make this request, they are supposed to take your number out of their cue. This has worked for us with most telemarketers. We had one that's been leaving us messages almost every day, and I got so tired of it that I called back and told them to put us on their do-not-call list. Haven't received another call from them yet (keeping my fingers crossed!) It takes a few seconds, but well worth it to make them quit calling!
  15. There is a BIG difference between BEING innocent and being PRESUMED innocent under the law!
  16. I love homemade stocks! I do it any time I can! I usually freeze it flat in freezer bags. I especially love turkey stock at Thanksgiving time.
  17. My sister is a travel agent who specializes in all things Disney. PM me if you'd like her info. I know they are running the free dining plan special right now, but I'm not sure of the dates of travel. They may not be offering it that far out. Be prepared for lots of people. Dec 23 - Jan 1 is some of the busiest days at Disney. We typically do the meal plan, because it's so much simplier, but if you're looking to stay on a tight budget, there are plenty of ways to do that without the meal plan.
  18. We're gearing up for WDW too. Thanks for sharing! That's hilarious!
  19. This is where we always stay. Absolutely love it! Though I would recommend a 2nd floor ocean view. It's awesome to sit out on the balcony, especially at sunrise. As far as things to do, definitely go to old downtown. There are lost of amazing things to see. And don't miss eating at Harry's - its our favorite. We love the voodoo shrimp appetizer. A great place a little down the road is Marineland. It's about 15-20 south of St. Augustine, right on A1A. Enjoy!
  20. I think the law has a very valid purpose. While I was prosecuting, I personally handled cases where our deputies came within inches of being seriously injured because someone flew passed them during a traffic stop. The move over law is designed to make people more aware of stopped emergency vehicles, and hopefully prevent the deaths that happen each year during traffic stops. It's the same reason you have to slow down in construction zones. The law is simple... if can move over, do it. If you can't, just slow down and keep your eyes open so you don't hit anyone!
  21. You can seek custody of the child, get guardianship from the parents (if they are cooperative), or the child can seek emancipation. Any of the options can have serious consequences, so you may want to consult with an attorney. For your information, here are the basic statutory requirements for filing for emancipation: OCGA § 15-11-202 A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:(1) The minor's full name and birth date, and the county and state where the minor was born;(2) A certified copy of the minor's birth certificate;(3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state;(4) The minor's present address and length of residency at that address;(5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration;(6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and(7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;( Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;© Psychologist licensed pursuant to Chapter 39 of Title 43;(D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of Title 43;(E) School guidance counselor, school social worker, or school psychologist;(F) School administrator, school principal, or school teacher;(G) Member of the clergy;(H) Law enforcement officer; or(I) Attorney.
  22. They do have dash cams. It can sometimes be hard to see on the video if the lights are on or not. Depends on the time of day and whether or not they are close enough to something for a reflection to show up on camera. Some video systems actually show on the screen if lights or microphones are active during the recording, but I'm not sure if Hiram's system does. Typically, Hiram PD charges for the videos (I think it's $50.00). And, as stated above, the move over law says that vehicles must move over. Slowing down is an option if moving over is not. OCGA 40-6-16: The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows: 1.Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or 2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
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